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Lawmakers hear plan to start North Santiam sewer construction under temporary authorization tied to DEQ permits
Summary
Senate Bill 1189 would allow construction to begin on a publicly owned treatment works in the North Santiam Basin between April 15 and June 6, 2025, provided the owner obtains required DEQ permits to operate before discharge; the bill includes an emergency clause and a sunset date of Jan. 2, 2027.
A public hearing March 25 before the Senate Committee on Natural Resources and Wildfire focused on Senate Bill 1189, a measure that would temporarily authorize construction of a new publicly owned treatment works in the North Santiam Basin before a Department of Environmental Quality (DEQ) water quality permit is issued — provided construction begins between April 15 and June 6, 2025.
Senator Fred Gerard, chief sponsor, told the committee the legislation is intended to break a logjam that has blocked sewer projects for the towns of Mill City and Gates following the wildfire-era "Maui decision" and constraints tied to what testimony called the "3 Basin rule." Gerard said Marion County secured roughly $50,000,000 in American Rescue Plan Act funds to build the system and that timing to start construction is tied to federal ARPA expenditure deadlines.
Kevin Cameron, Marion County Commissioner, and Brian Nicholas, Marion County Public Works Director, described the technical approach and regulatory limits: the bill "only allows construction to begin and does not allow the operation of the system until DEQ permits are in place," Nicholas told the committee. He said the project is designed so the plant can meet anticipated permit discharge limits and can add tertiary treatment if required. Nicholas added that the ARPA funding must be expended by Dec. 31, 2026, which established the governing construction timeline.
Emily Scofield, co-chair of the North Santiam Sewer Authority Board and Gates city councilor, and other local officials testified in support. Testimony emphasized that the bill does not change permit requirements: owners must still obtain any necessary DEQ permits to operate and comply with permit terms and other required permits. Testimony also noted ongoing DEQ rulemaking intended to resolve conflicts between the "3 Basin rule" and the Maui decision; witnesses said DEQ provided a first draft of that rule and a rulemaking committee was scheduled to meet in early April.
Committee members did not vote on the bill at the hearing; Chair Golden closed the public hearing after testimony and the committee moved on to other items.
